2016 Supreme(Chh) 308
IN THE HIGH COURT OF CHHATTISGARH
Deepak Gupta and P. Sam Koshy, JJ.
Krishna Punitram Dhobi and Ors. - Appellants
Vs.
State of Chhattisgarh - Respondent
Criminal Appeal No. 81 of 2002
Decided On : 13-07-2016
For the Appellant : R.K. Tiwari
For the Respondents: Madhu Nisha Singh
Headnote:
Indian Penal Code, 1860 - Section 304-B – Criminal Trial – Offence of Dowry Death – Appeal against conviction - Allegations against the accused are that they used to ill-treat deceased for not bringing sufficient dowry and due to cruelty and harassment meted out to her, she died an unnatural death by hanging within seven years of her marriage and thus accused had committed an offence punishable under Section 304-B, IPC - Trial Court has convicted all three accused - Hence, this appeal - It is not disputed that deceased died within seven years of her marriage - Main issues relevant for disposal of this appeal are, whether there was any demand of dowry and whether deceased was subjected to cruelty and tortured due to non-bringing of dowry and lastly, whether deceased died an unnatural death - In this case, deceased died but report was lodged with police after six months - PW-1, is father of deceased - He states that deceased was married seven months prior to her death - He also states that accused father of accused had made a demand for 1/2 tola gold, one TV and bed etc. at time of marriage - Held, Independent witnesses have not supported prosecution case - There is no explanation why FIR was lodged after six months some of witnesses examined in Court were not even associated with investigation - Most importantly, version of Doctor does not clearly show how deceased died - In post-mortem report, all that is stated - Asphyxia only means that death took place due to lack of air going to lungs - Doctor had to clearly opine whether this was due to strangulation or hanging and if it was hanging, whether hanging was suicidal or homicidal - Hanging is ruled out because there was no ligature mark - With regard to strangulation also, there is no clear cut evidence - In view of above discussion, it cannot be said with certainty that deceased was either subjected to cruelty for demand of dowry or that she died an unnatural death - Set aside judgment of learned 2nd Additional Sessions Judge – Appeal allowed
Deepak Gupta, J.
1. This appeal by the accused is directed against the judgment dated 24-1-2001 delivered by the Second Additional Sessions Judge, Raigarh in Sessions Trial No. 85 of 1999 whereby he convicted all the three accused for having committed offence punishable under Section 304-B of the Indian Penal Code (for short 'the IPC) and sentenced them to undergo imprisonment for life. Admitted facts are that deceased-Lalitabai was married to of accused-Krishna. The allegations against the accused are that they used to ill-treat the deceased for not bringing sufficient dowry and due to the cruelty and harassment meted out to her, she died an unnatural death by hanging on 29-10-1998 at about 5:00 p.m., i.e., within seven years of her marriage and thus the accused had committed an offence punishable under Section 304-B, IPC. The learned trial Court has convicted all the three accused. Hence, this appeal.
2. It is not disputed that the deceased died within seven years of her marriage. The main issues relevant for disposal of this appeal are, whether there was any demand of dowry and whether the deceased was subjected to cruelty and tortured due to non-bringing of dowry and lastly, whether the deceased died an unnatural death. In this case, the deceased died on 29-10-1998, but the report (Exhibit P/9) was lodged with the police after six months on 29-03-1999.
3. PW-1, Shaukilal is the father of the deceased. He states that the deceased was married seven months prior to her death. He also states that accused-Punitram, father of accused-Krishna had made a demand for 1/2 tola gold, one TV and bed etc. at the time of marriage. When this demand was made, Alag Ram, Natthu, Sonsai, Sagun, Awadhram and Ramadhar were present. He further states that since his father was unwell he could not provide the aforesaid articles but gave other items in the dowry. He also states that he had told accused-Punitram that he works in a Company in Delhi and after he gets some money, he may give the remaining dowry items. He also states that whenever his daughter used to come to her parental home, she used to tell that her mother-in-law, father-in-law, husband and other family members were troubling her for not bringing sufficient dowry. He states that after leaving his daughter at her in-laws house, he went to Delhi two-three days later. His mother sent (sic) laws. He then came back from Delhi to his village Kapisda. Then he states what was narrated by his mother Ramabai and that part of statement was hearsay and not admissible in evidence. In cross-examination, he states that his statement was recorded by the police two-three months after the date of occurrence. At the time of Faldan (engagement ceremony), talk about dowry had taken place. Some talk had also taken place at the time of wedding. He admits that the marriage of accused-Punitram's daughter also took place one day prior to marriage of his daughter. He also admits that accused-Punitram was not alone at the time of Faldan (engagement ceremony) and there were 10-12 more persons of his village in addition to ladies and children. The engagement ceremony took place in his village Kapisda. When a specific question was put to this witness, whether talk about dowry took place at the time of wedding, he replied that this talk took place at the time of Faldan. He further stated that after the marriage, his daughter came to her parental house on three occasions. He stated that first time, she stayed for 10-15 days and on the next two occasions, she stayed for 15 days each. For the first two times, his daughter did not complain about any ill-treatment, but when she came third time, she told that her-in-laws were troubling her. At that time, only his family members were present. He did not inform the police or panchayat about this fact. He did not even lodge any report in this behalf. In cross-examination, he admitted that when last time he went to bring his daughter she was to stay with him for thre